Key Doctrines & Principles Under Article 14
Key Doctrines and Principles Under Article 14 of the Indian Constitution
Article 14 of the Indian Constitution ensures the fundamental right to equality, preventing arbitrary discrimination and guaranteeing equal protection under the law. Several legal doctrines and principles have been developed to interpret and uphold this Important right. Here, we discuss some of the key doctrines & principles Under Article 14.
1. Doctrine of Rule of Law – Supremacy of law and absence of arbitrary power
The Doctrine of Rule of Law emphasizes the supremacy of law, ensuring that no individual, including the government, is above the law. It upholds the principle that laws must be applied uniformly and that arbitrary power must be eliminated. This doctrine is a cornerstone of democratic governance and is enshrined in Article 14.
2. Principle of Reasonable Classification – Equals cannot be treated unequally and un equals cannot be treated equally.
The Principle of Reasonable Classification states that equals must be treated equally, This principle ensures that laws are fair and not arbitrary, thereby maintaining the essence of Article 14.
3. Audi Alteram Partem
The Audi Alteram Partem principle, meaning “no one should be condemned unheard,” is a fundamental aspect of natural justice. It ensures that every individual has the right to a fair hearing before an adverse decision is made against them. This principle is crucial under Articles 14, 21, and 22 of the Constitution, reinforcing the right to due process.
4. Wednesbury Principle
The Wednesbury Principle is used to assess whether the discretionary powers provided to the executive under a statute are being exercised reasonably. According to this principle, a decision is deemed unreasonable if it is so arbitrary that no sensible authority could have ever made it. This principle strengthens judicial review under Article 14.
5. Lex Non a Rege Est Violanda
The Lex Non a Rege Est Violanda doctrine translates to “the law must not be violated even by the king.” This principle reinforces the supremacy of the rule of law, ensuring that legal provisions apply equally to all, including those in power. It is one of the Key Doctrines & Principles Under Article 14.
Example:
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court of India ruled that even Parliament, the highest law-making body, cannot violate the basic structure of the Constitution. This aligns with the doctrine that even the most powerful authority must operate within the boundaries of the law.
6. Pari Passu
The Pari Passu principle, meaning “on equal footing,” ensures that individuals or entities in similar situations are treated alike. This doctrine is crucial in preventing discriminatory practices and upholding the right to equality under Article 14.
Pari Passu (On Equal Footing)
Example:
In State of West Bengal v. Anwar Ali Sarkar (1952), the Supreme Court struck down a law that provided special trials for certain offenders, holding that all accused persons in similar situations must be treated equally. This case upheld the principle of pari passu, ensuring no arbitrary discrimination under Article 14.
7. Rex Quod Injustum Est Facere Non Potest
The Rex Quod Injustum Est Facere Non Potest doctrine states that “the king cannot do what is unjust.” This reinforces the principle that even the highest authority is bound by justice and fairness, ensuring that governance is conducted within the limits of the law.
Example:
In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court of India struck down a constitutional amendment that sought to validate the Prime Minister’s election retrospectively, even after it was declared void by the Allahabad High Court. The Court held that laws should be just and fair, and even the highest authority cannot act arbitrarily to protect personal interests. This aligns with the doctrine that no ruler or governing body can do what is inherently unjust.
Conclusion
Article 14 serves as the foundation of equality in India’s legal system.
We hope You Now understand Key Doctrines & Principles Under Article 14
For More information You can click on given link .
For Legal maxim You can Click On Given Link .
We are also available on Facebook So if you still have any query related To Doctrines or coaching You can ask us there by Just clicking on given link .
